SCHEDULE 2 - Transitional and Savings Provisions

Section 330

PART 1 - Preliminary

1.    Interpretation

In this Schedule –

commencement day means the day on which this Act commences;

former Act means the Building Act 2000 .

PART 2 - Appointments and Fund

2.    Director of Building Control

The person holding the office of Director of Building Control under the former Act immediately before the commencement of this Act is taken, on and after the commencement day, to be appointed as Director of Building Control under section 15 of this Act, subject to the same terms and conditions as applied to his or her appointment under the former Act.

3.    Permit authority

A person or body authorised as a permit authority by the council of a municipal area for the purposes of the former Act immediately before the commencement day is taken, on and after the commencement day –

(a) to have been appointed as the permit authority for the municipal area, on the same terms and conditions, under section 24(2) of this Act; and

(b) to hold a licence under the Occupational Licensing Act 2005 that authorises the person or body to perform the functions and exercise the powers of a permit authority, while so appointed, for a period that does not exceed 2 years commencing on the commencement day.

PART 3 - Applications and determinations

4.    Determinations under former Act

A valid determination made under section 55 of the former Act and in force immediately before the commencement day –

(a) is taken to be a determination validly made under section 13 of this Act; and

(b) remains in force under that section on the same terms and conditions.

5.    Required reports under former Act

A required report under section 63 of the former Act supplied, or taken to have been supplied, immediately before the commencement day in respect of work is taken, on and after the commencement day, to be a required report that has been supplied under this Act in respect of that work.

6.    Building and plumbing permits under former Act

(1) A valid building permit issued under the former Act that is in force immediately before the commencement day is taken, on and after the commencement day, to be a building permit under Part 11 of this Act issued and in force on the same terms and conditions.

(2) A valid plumbing permit, or valid special plumbing permit, issued under the former Act that is in force immediately before the commencement day is taken, on and after the commencement day, to be a plumbing permit under Part 12 of this Act issued and in force on the same terms and conditions.

(3) An application for a building permit under the former Act, that has been made but not determined before the commencement day, is taken, on and after the commencement day, to be –

(a) if the application solely relates to permit demolition work, an application for a demolition permit under Part 13 of this Act; or

(b) in any other case, an application for a building permit under Part 11 of this Act.

(4) An application for a plumbing permit or a special plumbing permit under the former Act, that has been made but not determined before the commencement day, is taken, on and after the commencement day, to be an application for a plumbing permit under Part 12 of this Act.

7.    Certificates of likely compliance under former Act

(1) An application for a certificate of likely compliance under section 62 of the former Act, that has been made but not determined before the commencement day, is taken, on and after the commencement day, to be an application under this Act for a certificate of likely compliance.

(2) A valid certificate of likely compliance granted under the former Act that is in force immediately before the commencement day is taken, on and after the commencement day, to be a certificate of likely compliance issued under this Act and in force on the same terms and conditions.

8.    Written consent under former Act to vary work remains in force

(1) A valid written consent provided by a building surveyor under section 85(2) of the former Act to authorise building work to be performed other than in accordance with a certificate of likely compliance issued in respect of the work under the former Act is taken, on and after the commencement day, to be a written approval obtained under section 148(2) of this Act in respect of the building work.

(2) A valid consent provided by a permit authority under section 86(2) of the former Act to authorise plumbing work to be performed other than in accordance with a plumbing permit, or special plumbing permit, issued in respect of the work under the former Act is taken, on and after the commencement day, to be a written approval obtained under section 174(2) of this Act in respect of the plumbing work.

9.    Inspection direction under former Act

(1) A direction by a building surveyor under section 91 of the former Act as in force immediately before the commencement day is taken, on and after the commencement day, to be a direction under section 150 of this Act on the same terms and conditions.

(2) A direction by a permit authority under section 91 of the former Act as in force immediately before the commencement day is taken, on and after the commencement day, to be a direction under section 176 of this Act on the same terms and conditions.

10.    Certificate of completion under former Act

(1) A certificate of completion issued under the former Act that is in force immediately before the commencement day is taken, on and after the commencement day, to be a certificate of completion for the purposes of this Act.

(2) An application for a certificate of completion under the former Act that has been made and not determined before the commencement day, is taken, on and after the commencement day, to be an application under this Act for a certificate of completion (permit building work).

11.    Occupancy permits and temporary occupancy permits under former Act

(1) An occupancy permit issued and in force under the former Act immediately before the commencement day is taken, on and after the commencement day, to be an occupancy permit issued and in force under this Act on the same terms and conditions.

(2) A temporary occupancy permit issued and in force under the former Act immediately before the commencement day is taken, on and after the commencement day, to be a temporary occupancy permit issued and in force under this Act on the same terms and conditions.

12.    Occupancy permit not required in certain circumstances

A building that, immediately before the commencement day, did not require an occupancy permit or temporary occupancy permit under the former Act does not require an occupancy permit or temporary occupancy permit under this Act while being occupied in the same manner as immediately before the commencement day.

13.    Building certificates under former Act

(1) A building certificate issued under section 119 of the former Act, and in force immediately before the commencement day, remains in force, on and after the commencement day, on the same terms and conditions.

(2) A general manager may not take any action under this Act in relation to a building if such an action would not have been able to be taken under the former Act before the commencement day due to a building certificate that is in force under this Act by virtue of subclause (1).

14.    Matters relating to party walls and party structures under former Act

(1) A notice given before the commencement day under section 138(1) of the former Act in respect of a proposed party wall is, on and after the commencement day, taken to be a notice given under section 56 of this Act.

(2) If –

(a) a notice was served before the commencement day under section 141 of the former Act in respect of proposed work on a party structure; and

(b) the proposed work was not begun before the commencement day –

that notice is taken to have been given under section 57(2) of this Act.

15.    Matters relating to protection work under former Act

(1) A notice of proposed protection work given to an adjoining owner and building surveyor under section 121 of the former Act –

(a) is taken to be a notice of proposed protection work given under section 77 of this Act; and

(b) the provisions of Part 6 of this Act apply in respect of the notice and the proposed protection work.

(2) If –

(a) a notice of proposed protection work given under section 121 of the former Act relates to proposed protection work to be performed in relation to plumbing work; and

(b) the protection work to which the notice relates has not been completed under the former Act –

the person who gave the notice of proposed protection work under the former Act is to provide the relevant permit authority with a copy of the notice of proposed protection work.

(3) If the Minister appointed an agent for an adjoining owner under section 123 of the former Act, on and after the commencement day that agent is taken to have been appointed as agent for the adjoining owner by the Director of Building Control under section 78 of this Act on the same terms and conditions.

(4) An agreement between an owner and adjoining owners in respect of protection work to be performed under the former Act is taken, on and after the commencement day, to be an agreement between the owner and adjoining owners to perform that protection work, on the same terms and conditions, under this Act.

(5) If a disagreement in respect of proposed protection work had been referred to a building surveyor under section 126 of the former Act before the commencement day and the building surveyor had not made a determination under that section before the commencement day –

(a) on and after the commencement day, that section of the former Act remains in force in respect of the referral until the building surveyor has made a determination under that section; and

(b) a determination made under that section is taken, on and after the commencement day, to be a determination under section 81 of this Act on the same terms and conditions.

(6) A person who holds a contract of insurance in respect of protection work as required under section 131 of the former Act is taken, while he or she holds that contract of insurance for an equal or higher amount, to hold insurance as required under section 83 of this Act for the purposes of that protection work.

16.    Reports under former Act

(1) A fire upgrading report under section 166 of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a fire upgrading report under section 239 of this Act on the same terms and conditions.

(2) A dilapidated building report under section 167A of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a dilapidated building report under section 241 of this Act on the same terms and conditions.

17.    Notices under former Act

(1) A building notice under section 163 of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a building notice under section 237 of this Act on the same terms and conditions.

(2) A plumbing notice under section 164 of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a plumbing notice under section 238 of this Act on the same terms and conditions.

(3) A fire upgrading notice under section 167 of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a fire upgrading notice under section 240 of this Act on the same terms and conditions.

(4) A dilapidated building notice under section 167B of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a dilapidated building notice under section 242 of this Act on the same terms and conditions.

18.    Orders under former Act

(1) An emergency order under section 162 of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be an emergency order under section 245 of this Act on the same terms and conditions.

(2) A building order under section 170, 171, 173 or 173A of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a building order under this Act on the same terms and conditions.

(3) A plumbing order under section 172 of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a plumbing order under section 250 of this Act on the same terms and conditions.

(4) A demolition order under section 191 of the former Act in force immediately before the commencement day is taken, on and after the commencement day, to be a demolition order under section 267 of this Act on the same terms and conditions.

19.    Certificates and permits of substantial compliance and certificates and permits to proceed under former Act

(1) An application for a certificate of substantial compliance under section 183 of the former Act, or an application for a certificate to proceed under section 175 of the former Act, that had not been determined before the commencement day is taken, on and after the commencement day, to be an application for a certificate of substantial compliance made under section 255 of this Act.

(2) A certificate of substantial compliance issued under section 184 of the former Act, or a certificate to proceed issued under section 176 of the former Act, that was in force immediately before the commencement day is taken, on and after the commencement day, to be a certificate of substantial compliance provided under section 257 of this Act on the same terms and conditions.

(3) An application for a permit of substantial compliance under section 186 of the former Act, or an application for a permit to proceed under section 178 of the former Act, that had not been determined before the commencement day is taken, on and after the commencement day, to be an application for a permit of substantial compliance made under section 258 of this Act.

(4) A permit of substantial compliance issued under section 188 of the former Act, or a permit to proceed issued under section 180 of the former Act, that was in force immediately before the commencement day is taken, on and after the commencement day, to be a permit of substantial compliance under section 260 of this Act on the same terms and conditions.

20.    Appeals and applications for determination under former Act

(1) An appeal or application made under Part 12 of the former Act and not determined before the commencement day may, on and after the commencement day, be continued under that Part until determined as if that Part had not been repealed.

(2) If, but for the commencement of this Act, a person would be eligible to make an appeal or application under Part 12 of the former Act in respect of a matter, the person may make an appeal or application under Part 19 of this Act in respect of the matter.